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NAVY | BCNR | CY2013 | NR7757 13
Original file (NR7757 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001 .
ARLINGTON, VA 22204-2490

BIG
Docket No: 7757-13
20 August 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 19 August 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material

error or injustice.

You enlisted in the Navy and began a period of active duty on 11
September 1978. You received nonjudicial punishment on four
eccasions for the wrongful possession of marijuana (two
instances), wrongful use of marijuana, failure to go to your
appointed place of duty (41 instances),. unauthorized absence
(four instances), disobedience (two instances), loss of
government property, breaking restriction, and wrongful
possession of another Sailor's identification card. Your
commanding officer then recommended you for administrative
procedural right to an administrative discharge board (ADB). On
9 February 1987, you received an OTH characterization of: service
discharge due to Misconduct, and were assigned an RE-4 (not
recommended for retention) reenlistment code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
and current desire to upgrade your discharge. However,. the
Board concluded that your discharge should not be changed due to
your drug abuse and other misconduct. The Board noted that you
waived your right to:‘an ADB, your best opportunity for retention
or a better characterization of service. Finally, you are
advised that no discharge is upgraded automatically due solely
to the passage of time Or post service good conduct. In view of
the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have

material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden igs on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

aS. eo

ROBERT D,. ZSALMAN
Acting Executive Director

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